Ferrite Platform distribution permissions and end-user license agreement

IMPORTANT--READ THESE TERMS CAREFULLY BEFORE DOWNLOADING AND/OR USING
THIS SOFTWARE. BY DOWNLOADING OR USING THIS SOFTWARE, YOU ACKNOWLEDGE
THAT YOU HAVE READ THIS LICENSE AGREEMENT, THAT YOU UNDERSTAND IT, AND
THAT YOU AGREE TO BE BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THE
TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT, PROMPTLY EXIT THE
PROGRAM AND RETURN TO XGREP SOFTWARE PRIVATE LIMITED ("THE COMPANY")
ALL COPIES OF THE SOFTWARE, DOCUMENTATION AND ANY SOFTWARE KEY(S)
RELATED TO THIS SOFTWARE. THE SOFTWARE PROVIDED HEREUNDER WILL EXPIRE
AND NOT OPERATE AFTER FOURTEEN (14) DAYS FROM INSTALLATION. THE PURCHASE
OF A SOFTWARE KEY IS REQUIRED FOR USE OF THE SOFTWARE AFTER THE FOURTEEN
(14)-DAY TRIAL PERIOD.

Grant of License for Registered Users

XGrep Software Private Limited ("The Company") grants you a
non-exclusive, non-transferable license to use the program with which
this license is distributed (the "[PRODUCT] "), including any
documentation files accompanying the Software ("User Guide") on a
single server or personal computer to support up to the number of
simultaneous users for which you have paid the license fee, and to
make one backup copy of the Software, provided that: (i) the Software
is installed on only one server or personal computer; (ii) the
Software is NOT modified in any manner including and not limited to
tampering, de-compilation, hacking or damage of any other kind; (iii)
the Software is not used in any manner to secure access to a protected
system in contravention of applicable laws; (iv) all copyright notices
are maintained on the Software; (v) you agree to be bound by the terms
of this License Agreement. The Software and Documentation shall be
used only by you, only for your own personal or business use.

Ownership

You have no ownership rights in the Software. Rather, you have a
license to use the Software as long as this License Agreement remains
in full force and effect. Ownership of the Software, Documentation and
all intellectual property rights therein shall remain at all times
with the Company. Any other use of the Software by any person, business,
corporation, government organization or any other entity is strictly
forbidden and is a violation of this License Agreement.

Copyright

The Software and Documentation contain material that is protected by
International Copyright and Trade Secret Laws, and by International
Treaty provisions. All rights not granted to you herein are expressly
reserved by the Company. You may not remove any proprietary notice of
the Company from any copy of the Software or Documentation.

Restrictions

You may not publish, display, disclose, rent, lease, modify, loan,
distribute, or create derivative works based on the Software or any
part thereof. You may not reverse engineer, decompile, translate,
adapt, or disassemble the Software, nor shall you attempt to create
the source code from the object code for the Software. You may not
transmit the Software over any network or between any devices,
although you may use the Software to make such transmissions of other
materials.

Confidentiality

You acknowledge that the Software contains proprietary trade secrets
of the Company and you hereby agree to maintain the confidentiality of
the Software using at least as great a degree of care as you use to
maintain the confidentiality of your own most confidential
information. You agree to reasonably communicate the terms and
conditions of this Software License Agreement to those persons
employed by you who come into contact with the Software, and to use
reasonable best efforts to ensure their compliance with such terms and
conditions, including, without limitation, not knowingly permitting
such persons to use any portion of the Program for the purpose of
deriving the source code of the Program or defeating the Key.

LIMITED WARRANTY

XGREP SOFTWARE PRIVATE LIMITED WARRANTS FOR A PERIOD OF THIRTY (30)
DAYS AFTER PURCHASE THAT THE SOFTWARE WILL OPERATE SUBSTANTIALLY IN
ACCORDANCE WITH THE DOCUMENTATION. SHOULD THE SOFTWARE NOT SO OPERATE,
YOUR EXCLUSIVE REMEDY, AND THE COMPANY`S SOLE OBLIGATION UNDER THIS
WARRANTY, SHALL BE, AT THE COMPANY`S SOLE DISCRETION, CORRECTION OF THE
DEFECT OR REFUND OF THE PURCHASE PRICE PAID FOR THE SOFTWARE. ANY USE
BY YOU OF THE SOFTWARE IS AT YOUR OWN RISK. THIS LIMITED WARRANTY IS
THE ONLY WARRANTY PROVIDED BY THE COMPANY REGARDING THE SOFTWARE. EXCEPT
FOR THE LIMITED WARRANTY ABOVE, THE SOFTWARE IS PROVIDED "AS IS." TO
THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL OTHER
WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THE
FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET ANY REQUIREMENTS OR
NEEDS YOU MAY HAVE, OR THAT THE SOFTWARE WILL OPERATE ERROR FREE, OR
IN AN UNINTERRUPTED FASHION, OR THAT ANY DEFECTS OR ERRORS IN THE
SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE IS COMPATIBLE WITH
ANY PARTICULAR PLATFORM. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OR
EXCLUSION OF IMPLIED WARRANTIES SO THEY MAY NOT APPLY TO YOU.

EXCLUSION OF ALL DAMAGES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
THE COMPANY OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR
ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR
OTHER DAMAGES WHATSOEVER ( INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
ANY INJURY TO PERSON OR PROPERTY, DAMAGES FOR LOSS OF PROFITS,
BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, FOR LOSS OF
PRIVACY FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF
REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY PECUNIARY OR OTHER LOSS
WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR IN
ABILITY TO USE THE SOFTWARE, WHETHER BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY OR ANY
SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS
EXCLUSION OF DAMAGES SHALL BE EFFECTIVE EVEN IF ANY REMEDY FAILS OF
ITS ESSENTIAL PURPOSE.

LIMITATION AND RELEASE OF LIABILITY

To the full extent allowed by law, YOU HEREBY RELEASE THE COMPANY AND
ITS SUPPLIERS FROM ANY AND ALL LIABILITY ARISING FROM OR RELATED TO
ALL CLAIMS CONCERNING THE SOFTWARE OR ITS USE. IF YOU DO NOT WISH TO
ACCEPT THE SOFTWARE UNDER THE TERMS OF THIS EULA, DO NOT INSTALL THE
SOFTWARE. THE COMPANY`S AGGREGATE LIABILITY WITH RESPECT TO ITS
OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE WITH RESPECT TO THE
SOFTWARE AND DOCUMENTATION OR OTHERWISE SHALL NOT EXCEED THE AMOUNT OF
THE LICENSE FEE PAID BY YOU FOR THE SOFTWARE AND DOCUMENTATION.

FAULT TOLERANCE

THIS SOFTWARE IS NOT FAULT TOLERANT AND IS NOT DESIGNED, MANUFACTURED,
OR INTENDED FOR USE OR RESALE AS ONLINE CONTROL EQUIPMENT IN HAZARDOUS
ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION
OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS,
AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS,
IN WHICH THE FAILURE OF THIS SOFTWARE COULD LEAD DIRECTLY TO DEATH,
PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.

EXPORT RESTRICTIONS

THIS LICENSE AGREEMENT IS EXPRESSLY MADE SUBJECT TO ANY LAWS,
REGULATIONS, ORDERS, OR OTHER RESTRICTIONS ON THE EXPORT FROM INDIA OF
THE SOFTWARE OR INFORMATION ABOUT SUCH SOFTWARE WHICH MAY BE IMPOSED
FROM TIME TO TIME BY THE GOVERNMENT OF INDIA. YOU SHALL NOT EXPORT THE
SOFTWARE, DOCUMENTATION, OR INFORMATION ABOUT THE SOFTWARE AND
DOCUMENTATION WITHOUT THE CONSENT OF THE COMPANY AND COMPLIANCE WITH
SUCH LAWS, REGULATIONS, ORDERS, OR OTHER RESTRICTIONS.

Termination

This License Agreement is effective until it is terminated. You may
terminate this License Agreement at any time by destroying or
returning to the Company all copies of the Software and Documentation in
your possession or under your control. The Company may terminate this
License Agreement for any reason, including, but not limited to, if
the Company finds that you have violated any of the terms of this
License Agreement. Upon notification of termination, you agree to
destroy or return to the Company all copies of the Software and
Documentation and to certify in writing that all known copies,
including backup copies, have been destroyed. All provisions relating
to confidentiality, proprietary rights, and non-disclosure shall
survive the termination of this Software License Agreement.

General

This License Agreement shall be construed, interpreted and governed by
the laws of the INDIA without regard to conflicts of law provisions
thereof. The exclusive forum for any disputes arising out of or
relating to this License Agreement shall be an appropriate
jurisdictional court of BANGALORE, INDIA. This License Agreement shall
constitute the entire Agreement between the parties hereto. Any waiver
or modification of this License Agreement shall only be effective if
it is in writing and signed by both parties hereto. If any part of
this License Agreement is found invalid or unenforceable by a court of
competent jurisdiction, the remainder of this License Agreement shall
be interpreted so as to reasonably effect the intention of the
parties.

This product can be freely distributed through the Internet.
To put it onto a CD, contact us at info@xgrep.com for re-distribution rights.

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